These terms are the Terms and Conditions of buying from us – which we thank you hugely for! Kindly read them ahead of buying from us.
These are the legal terms and conditions (Terms) on which we sell our gem products (Products) to you and will apply to any contract between us for the sale of Products to you (Contract). Please read the Terms in force when you place your order carefully and make sure that you understand them before you submit any order for Products.
We offer Products for sale for purchase by consumer customers only. If you are a business or trade customer and wish to purchase any Products, please contact us at [email protected] or on 07776 839958 before placing any order.
These Terms, and any Contract between us, are only in the English language. Please note that we may not necessarily keep a copy of these Terms or your order.
1 Information about us
1.1 We operate the website at www.chalmersgems.com (our site). We are Chalmers Gems Ltd, a company registered in England and Wales under company number 12982408 and with our registered office at 3 Smallwood Street, Smallwood, Redditch, B98 7AZ. Our VAT number is 363495277. Our return address is: Chalmers Gems Ltd, 3 Smallwood Street, Smallwood, Redditch, B98 7AZ.
2 Our Products
2.1 The images of the Products on our site and in our other advertising materials (such as brochures) are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to display and print the colours, finish, clarity and size of the Products accurately, we cannot guarantee that your computer’s display of the colours, finish, clarity and size, or the colours, finish, clarity or size in printed pictures in our advertising materials, accurately reflect the colours, finish, clarity or size of the Products that will be delivered to you.
3 How we use your personal information
4 Use of our site
4.1 If applicable, your use of our site is governed by our Terms of Website Use . Please take the time to read these before using our site, as they include important terms which apply to you. You are responsible for making all arrangements necessary for you to have access to our site.
5 Our Contract with you
5.1 We may require you to provide proof of your identity and/or address in respect of your order (for example, to prevent against fraudulent activity). If we suspect fraudulent activity, we may contact you to verify your information and may contact the relevant authorities. We reserve the right to refuse any order and cancel any payment in the event that any such identity checks are failed and/or we suspect fraudulent activity.
5.2 You may place orders for Products via the following methods:
(a) online through our site;
(b) over the telephone by calling us on 07776 839958;
(c) by sending us an e-mail to [email protected] or
(d) in person at events we may hold from time to time
5.3 All orders placed are subject to these Terms.
5.4 We are not obliged to accept any order placed and may, at our discretion, decline to accept your order. If we decline to accept your order after you have already paid, we will refund you the full amount (including any delivery charges) as soon as reasonably possible.
5.5 We may need certain information from you so that we can supply the Products to you. If so, this will either be stated in the description of the Products on our site or in our advertising materials, on the order form or in our communications to you. We will not be responsible for supplying Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.6 Please check any communications received from us in respect of your order for accuracy and let us know immediately, using the contact details provided at clause 17.3, if there are any errors with the content of any of these communications.
5.7 You may place an order for Products by following the shopping pages on our site. It is your responsibility to check that your order details are correct. Our order process allows you to check and amend any errors before submitting your order to us.
5.9 Before submitting an order through our site, you will be required to tick a box to indicate your acceptance of these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. By placing an order online and by pressing the button marked “Confirm Purchase and Pay”, you agree to, and will be required to, pay us the price of the Products and the delivery charges for such Products.
5.10 After you have placed an order through our site, you will receive an e-mail from us acknowledging that we have received your order and it is only at this point that a Contract between us for the supply of the Products that you have ordered will be formed.
Telephone and e-mail orders
5.11 You may contact us by telephone on 07776 839958 or by e-mail at [email protected] to enquire about purchasing any of our Products.
5.12 Following each such enquiry, we may ask you for any further information that we require in respect of your order (e.g. details about your payment or information relating to the Product specification) and we will prepare an order confirmation setting out the details of your order. We will send this confirmation to you by e-mail.
5.13 We will require payment before the order can be dispatched. Once this payment is received a Contract between us for the supply of the Products set out in the order form will be formed.
Orders in person
5.14 We may from time to time offer our Products for sale, and you may place an order for our Products, at events held at a third party’s premises.
5.15 Payment must be made at the event. Once we have received your payment, a Contract between us for the supply of the Products will be formed. The product may be available to be collected at the event or dispatched to you following the event depending on availability of the product.
6.1 As standard all Products are delivered by Second Class Royal Mail or by an alternative method decided by you on our website via the dynamic Royal Mail Delivery Calculator and may have be signed for by you or an authorised person on your behalf. The individual accepting delivery may also be required to provide proof of identification in order to receive the Products. It is your responsibility to check, or ensure the person you nominate to accept delivery has checked, that the parcel containing your Products has not been tampered with in any way before accepting delivery.
6.2, If we already have the Product in stock and choose standard delivery, then the estimated delivery time for destinations in the UK is based on Royal Mail Second Class and you will usually receive your Product:
6.3 All other delivery methods are reliant upon the delivery service provided by Royal Mail but we shall endeavour to dispatch within one working day of your order being placed.
6.4 Please note that delivery to destinations outside the UK may take longer. Occasionally our delivery may be affected by an Event Outside Our Control (see clause 14 for our responsibilities when this happens).
7 International delivery
This section only applies if you would like your Products to be delivered to a destination outside of the UK.
7.1 All international orders should be placed via the website using our dynamic shipping calculator which will clearly show the shipping cost once shipping information is inputted.
7.2 If you order Products from us for delivery to a destination outside the UK:
(a) please note that the delivery charges are calculated by Royal Mail and not Chalmers Gems Ltd. You will have options to decide from depending on price and delivery timeframes.
(b) Chalmers Gems Ltd are not liable or responsible for international orders that may be late due to couriers conditions of service
(c) your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount;
(d) you will be solely responsible for payment of any such import duties and taxes referenced in clause 7.2(c) above. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
(e) you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you do not comply with any such law; and
(f) if you return any Products to us from a destination outside the UK, you must ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.
7.3 Nothing in these Terms shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
8.1 Subject to clause 8.6, the price of the Products will be:
(a) in respect of orders placed through our site, the price shown on our site at the time you submit your order (subject to clause 8.2 for Products to be delivered outside of the UK); or
(b) in respect of all other orders, the price is set out in the order confirmation issued by us or shown at an event.
8.2 For Products to be delivered to destinations in the UK, the price does not include delivery charges. An indication of these charges is shown on the website via our dynamic delivery calculator. If you would like your Products to be delivered to a destination outside of the UK, please contact us in accordance with clause 7.1 and we will notify you whether any additional delivery charges will apply and the method(s) by which you may place your order.
8.3 All prices are shown in pounds sterling. The price of a Product includes VAT (where chargeable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay and notify you of this change, unless you have already paid for the Products in full before the change in VAT takes effect.
8.4 Prices for our Products may change from time to time (including where the prices of the materials required to make our Products fluctuate), but changes will not affect any order you have already placed and that we have accepted.
8.5 We take all reasonable care to ensure that the prices of Products are correct at the time they are quoted to you, however please see clause 8.6 for what happens if we discover an error in the price of Product(s) you ordered.
8.6 It is always possible that, despite our reasonable efforts, some of our Products may be incorrectly priced. We will normally check prices before accepting your order so that:
(a) where the Product’s correct price is less than the price we stated on our site or in the order form issued by us (as applicable), we will charge the lower amount when we take payment; and
(b) if the Product’s correct price is higher than the price stated on our site or in the order confirmation issued by us (as applicable), we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct higher price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify.
However, if the Product’s correct price is higher than the price stated on our site or in the order confirmation (as applicable) and we mistakenly accept and process your order where such a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel a supply of the Product and refund you any sums you have paid.
9 How to pay
(a) for orders placed through our site: debit card or credit card or Paypal;
(b) for orders placed over the telephone or by e-mail: bank transfer or debit or credit card or Paypal; and
(c) for orders placed at events held at your property or at a third party’s premises: debit or credit card, Paypal or bank transfer.
9.2 For debit and credit card payments, we only accept Visa and Mastercard.
9.3 Payment for the Products and all applicable delivery charges is in advance before delivery. We will take payment as follows:
(a) if you place your order through our site, we will take payment from your debit or credit card or Paypal account when you submit your order through our site;
(b) if you place your order by another means:
(i) and elect to pay by debit or credit card, we will take payment from your card immediately or
(ii) and elect to pay by bank transfer, you must effect the transfer within 48 hours of receiving the order confirmation and payment will be deemed to have been made when we receive the full amount due in our account in cleared funds. If you wish to pay by bank transfer, please let us know and we will provide our bank account details to you.
We reserve the right to cancel your Contract if you fail to make payment in full by the relevant time set out above.
10 Your consumer right of return and refund
10.1 If you are a consumer in the EEA, you have a legal right to cancel a Contract, subject to clause 10.2, during the period set out below in clause 10.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau, Trading Standards office or equivalent consumer protection organisation in your jurisdiction.
10.2 The cancellation right provided for in this clause 10 does not apply to Products:
(a) that are made to order to your specification;
(b) that are clearly personalised;
(c) for which the price is dependent on fluctuations in the financial market which we cannot control and which may occur within the cancellation period set out in clause 10.3; or
(d) that are sealed and are not suitable for return due to hygiene reasons if they become unsealed after delivery (for example jewellery for piercings).
Please note that many of our Products are likely to fall within one or more of these exceptions.
10.3 Your legal right to cancel a Contract starts from the date on which we confirm our acceptance of your order, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of cancellation period|
|Your Contract is for a single Product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the Product.
Example: if we confirm acceptance of your order on 1 January and you receive the Product on 10 February you may cancel at any time between 1 January and the end of the day on 24 February.
|Your Contract is for multiple Products which may be delivered on separate days.||The end date is 14 days after the day on which you receive the last of the separate Products ordered.
Example: if we confirm acceptance of your order on 1 January and you receive the first of your separate Products on 10 February and the last instalment or last separate Product on 14 February you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 28 February.
10.4 To cancel a Contract under this clause 10, you just need to let us know that you have decided to cancel within the relevant timescale set out in clause 10.3. The easiest way to inform us of your decision to cancel your Contract is by e-mailing us at [email protected] or by calling us at 07776 839958. When you are e-mailing, please include details of your order to help us identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the e-mail.
10.5 If you cancel your Contract under this clause 10 we will:
(a) refund you the price you paid for the Products. However, please note that all returned Products will be subject to the checks set out in clause 10.8 and we are permitted by applicable law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop (please note that Products returned further to cancellation under this clause 10 should not show any signs of wear and all security tags must show no signs of tampering or removal). If we refund you the full price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
(b) refund any delivery charges you have paid only if the product is deemed to be faulty, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally accepted method); and
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Products, 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. For information about how to return Products to us, see clause 10.7; or
(ii) if you have not received the Products, 14 days after you inform us of your decision to cancel the Contract.
10.6 We will refund you as follows:
(a) if you paid by debit or credit card, on the credit or debit card used by you to pay; or
(b) if you paid by bank transfer, by bank transfer to the account from which your transfer was made.
In any event, you will not incur any fees as a result of the refund. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest (see clause 10.5(c)).
10.7 If the Products have been delivered to you before you decide to cancel your Contract:
(a) then you must either:
(i) return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Our return address is: Chalmers Gems Ltd, 3 Smallwood Street, Smallwood, Redditch, B98 7AZ. We strongly recommend that you return your Products by secure, signed for delivery and insure the Products for their full replacement value up to the point they come into our possession. Unless the Products are faulty or not as described (in this case see clause 11), you will be responsible for the cost of returning the Products to us; or
The Products will be at your risk until we receive them.
(a) must be returned properly packaged, undamaged and showing no signs of wear (although we do accept that Products returned as faulty under clause 11 may be subject to reasonable wear and tear if the fault was not immediately apparent on delivery). All security tags must show no signs of tampering; and
(b) should not have been altered, resized or tampered with by any person other than us or our authorised repairers and we reserve the right to contact the relevant authorities if we suspect any fraudulent activity in respect of any returned Products. Please note that the gemstones used for your Products (if any) may be laser marked with serial numbers for the purposes of fraud prevention and customer security.
Products returned which do not comply with the requirements set out in this clause 10.8 may not be accepted.
11 Faulty or mis-described Products
11.1 We are under a legal duty to supply Products that are in conformity with your Contract and these Terms.
11.2 If you consider that any Product we have supplied is faulty or mis-described, please notify us using the contact details set out in clause 17.3 (and where possible include a photograph of the faulty or mis-described Product).
11.3 If any Products you have purchased from us are faulty or mis-described, provided you return such Products to us if requested in accordance with our reasonable instructions and they pass all the applicable checks referenced in clause 10.8, we will refund the price of the Products in full, together with any applicable delivery charges, and the reasonable costs you incur in returning the Products to us.
11.4 Advice about your legal rights is available from your local Citizens’ Advice Bureau, Trading Standards office or equivalent consumer protection organisation in your jurisdiction. Nothing in these Terms will affect these legal rights under applicable law in your jurisdiction.
12 Intellectual property rights
12.1 We are the owner or the licensee of all intellectual property rights in our Products. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
13 Our liability to you
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 Subject to clause 13.4, we shall have no liability to you for any loss arising out of your failure to use, store or care for any Product in accordance with the care instructions notified by us to you.
13.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979 (as amended or re-enacted from time to time) relating to title and quiet possession, description, satisfactory quality, fitness for purpose and samples;
(d) defective products under the Consumer Protection Act 1987 (as amended or re-enacted from time to time); or
(e) any matter for which we may not exclude or limit our liability under applicable law.
14 Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel a Contract under this clause 14 please contact us using the details set out in clause 17.3.
15 Our right to vary these Terms
15.1 We may amend these Terms from time to time. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
15.2 We may revise these Terms as they apply to your order from time to time to reflect any changes in relevant laws and regulatory requirements.
15.3 If we have to revise these Terms pursuant to clause 15.2 as they apply to your order after we have accepted your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return any relevant Products you have already received and, provided the returned Products pass the applicable checks referenced in clause 10.8, we will arrange a full refund of the price you have paid, including any delivery charges.
16 Your rights to make changes
16.1 If you wish to make a change to any Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
17 Communications between us
17.1 When we refer in these Terms to “in writing”, this will include e-mail.
17.2 If you wish to cancel a Contract in accordance with your legal right to do so under clause 10, please see clause 10.4 for details of how you may notify us of your decision to cancel.
17.3 If you wish to contact us for any other reason, including if you have any complaints, you can contact us by e-mailing us at [email protected] or by calling us as 07776 839958.
17.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17.5 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order. We may also contact you by telephone using the number you provide to us in your order.
18 Other important terms
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 Please note that these Terms are governed by the law of England and Wales. This means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by the law of England and Wales, except that if you are not resident in England and Wales the laws of England and Wales shall apply only to the extent that they do not override any mandatory laws of the country in which you have your usual place of residence.
18.7 You and we both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence.
18.8 If you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found at http://ec.europa.eu/dr).